Mobile work at Paderborn University
Mobile working is intended to create opportunities to make work organisation more flexible in the interests of the department and employees.
In addition to regular mobile working on fixed working days, it is also possible to work on a mobile basis in irregular cases of need, depending on the situation.
The regulations for mobile working at Paderborn University can be found in a service agreement concluded between the department and staff representatives. This sets out the general requirements for agreeing mobile working, as well as the application and decision-making process, scope and deadlines.
The path to agreeing mobile working
Requirements - Appendix 2 The negative catalogue
The activities to be carried out by the employees through regular mobile work must be suitable for this purpose. As a rule, only activities that can be carried out independently outside the office are suitable. The employment contract together with the job description or the job description are decisive for assessing whether suitable activities are being carried out. A negative catalogue can be found in Appendix 2 to make it easier to assess whether activities are suitable or unsuitable.
Work processes must not be disrupted by mobile working. Business appointments or events that require the presence of employees always take priority. Against this background, mobile working is generally possible if and insofar as this does not conflict with business interests.
Situational mobile working is possible:
- if, in addition to the aforementioned requirements, there are special official reasons (e.g. exceptional work assignments) or
- if, in addition to the aforementioned requirements, a special personal and/or family situation makes this necessary.
Time frame
Regular mobile work should not account for more than 40% of the contractually agreed working time. In individual cases, this principle may be deviated from by agreement between the employee and their immediate supervisor.
Situational mobile working can be agreed independently of regular mobile working. Situational mobile working must be limited to the extent required in the case of need.
In the case of a regular 5-day week, situational mobile working may take place on a maximum of 30 days per year. In special cases, the maximum limit may be extended to 50 working days with the consent of the relevant staff council. This maximum limit must be converted accordingly for other work assignments.
Places of mobile work
Mobile working locations can be anywhere in Germany outside the office. There are no locations specifically designated for mobile work; rather, these can be chosen at will. The places of work must be suitable for performing the complete work in terms of content, scope and quality.
If employees are on authorised mobile work, their presence at the place of work can only be ordered if there are important, urgent official reasons after exercising reasonable discretion.
If a system malfunction means that the work cannot be performed through mobile work, the work must be performed at the office.
Running times
The individual agreement is concluded for a maximum of one year when the application is first submitted and can be extended by mutual agreement. The individual agreement can be extended for a maximum of three years at a time.
Application - completion of Annex 1 and agreement with the supervisor
Employees apply for mobile working to their immediate superior using the application form provided for this purpose (Annex 1).
A decision on the application must be made within a reasonable period of time, generally within four weeks.
The immediate superior is obliged to forward an intended rejection (or partial rejection) to the HR department within one week. In particularly urgent cases (so-called acute cases), the immediate superior is required to make the decision within a shorter period of time.
DOWNLOAD Annex 1
Individual agreement - completion and signing of Annex 3
The immediate superior can approve the application. In the case of approved applications, the immediate superior concludes an individual agreement with the employee on the implementation of mobile working using a sample agreement (Annex 3).
The immediate superior forwards a copy to the personnel department to be retained in the personnel file.
In the case of exclusively situational mobile work, the agreement remains in the respective higher education institution and must be documented there.
DOWNLOAD Annex 3
Occupational health and safety requirements – Completing Appendix 4 Supervisors and employees supervisor
The occupational health and safety regulations must also be applied to mobile workstations.
In particular, this includes
- The assessment of hazards and their documentation in accordance with Section 5 (1) of the Occupational Health and Safety Act (= completion of Appendix 4).
- Sufficient and appropriate instruction of employees during their working hours on health and safety at work (§ 12 Para. 1 ArbSchG), i.e. instructions and explanations that are specifically geared to the workplace or area of responsibility (e.g. ergonomic workplace design and sitting posture, regulations on working hours and rest breaks).
- Ensuring that work equipment provided by the department is used for which the necessary tests have been carried out and documented in accordance with the German Ordinance on Industrial Safety and Health (e.g. electrical equipment).
- The offer of occupational health screening for VDU work in accordance with the Ordinance on Occupational Health Screening.
DOWNLOAD Annex 4
Data protection requirements - handing out Annex 5 to employees
A secure working environment must be ensured for mobile working. Documents containing confidential information and personal data must be protected in such a way that unauthorised access and unauthorised access by third parties to the information and data is effectively prevented. In particular, the security measures in Annex 5 of this service agreement and the regulations set out in the individual agreement on the implementation of
Mobile Work must be complied with.
Before starting mobile working, the relevant provisions on confidentiality, data protection and information security in the latest version must be explained to employees by the department in a suitable and verifiable manner. The immediate supervisor must ensure that employees comply with the relevant provisions on confidentiality, data protection and information security.
Violations of the duty of confidentiality and compliance with data protection and relevant security regulations may lead to exclusion from mobile working.
DOWNLOAD Annex 5
When there is disagreement - the arbitration procedure
The rejection (or partial rejection) of an application is the responsibility of the HR department.
If the immediate superior intends to reject or only partially approve the application, a mediation meeting must first be held with Human Resources Development, a member of the relevant Staff Council, the Equal Opportunities Officer and, if applicable, the representative body for severely disabled employees. If the immediate superior still intends to reject the application (or a partial rejection) after the discussion, he/she shall immediately forward the employee's application with his/her statement to the HR department through official channels.
A rejection (including a partial rejection) is subject to co-determination by the Staff Council within the framework of the provisions of the LPVG NRW; if necessary, the data protection officer, the equal opportunities officer and the representative body for severely disabled employees must be involved. Participation
is carried out by the personnel department.
Termination of mobile work
The individual agreement can be terminated prematurely by either the department or the employee.
The individual agreement can only be terminated by the department if there is good cause. Good cause is given in particular if one of the conditions for mobile working specified in the service agreement is no longer met or if the service agreement
is terminated.
The notice period on the part of the department is four weeks to the end of a calendar month; on the part of the employee, two weeks to the end of a calendar month. By mutual agreement, the individual agreement can also be terminated with immediate effect.
If the employment or service relationship ends prematurely, the agreement on mobile working also ends automatically.
The agreement also ends with a change of area of activity.
Breaches of confidentiality, data protection or information security can lead to the termination of the individual agreement without notice.